S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5133
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 12, 2015
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Local Governments
       AN ACT to amend the volunteer firefighters' benefit law, in relation  to
         the payment of benefits
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 8 of the volunteer firefighters' benefit  law,  as
    2  amended  by  chapter  574  of  the  laws  of 1998, is amended to read as
    3  follows:
    4    S 8. Permanent total disability benefits. 1.  In  the  case  of  total
    5  disability  adjudged  to be permanent the volunteer firefighter shall be
    6  paid four hundred dollars for each week [during the  continuance  there-
    7  of].    Permanent  total disability, within the meaning of this section,
    8  shall exist only if the earning capacity of  the  volunteer  firefighter
    9  has  been  lost permanently and totally as the result of the injury. The
   10  loss of both hands, or both arms, or both feet, or both  legs,  or  both
   11  eyes,  or  any two thereof, shall, in the absence of conclusive proof to
   12  the contrary, constitute permanent total disability, but  in  all  other
   13  cases  permanent total disability shall be determined in accordance with
   14  the facts. Notwithstanding any other  provisions  of  this  chapter,  an
   15  injured  volunteer firefighter disabled due to the loss or total loss of
   16  use of both eyes, or both hands, or both arms, or  both  feet,  or  both
   17  legs,  or any two thereof shall not suffer any diminution of such weekly
   18  benefit by engaging in business or employment provided his or her weekly
   19  earnings or wages, when combined with his or her  weekly  benefit  shall
   20  not  be  in  excess of [six] EIGHT hundred dollars; and further provided
   21  that the application of this section shall not result  in  reduction  of
   22  benefits  which  an injured volunteer firefighter who is disabled due to
   23  the loss or total loss of use of both eyes, or both hands, or both arms,
   24  or both feet, or both legs, or any two thereof would otherwise be  enti-
   25  tled to under any other provisions of this article.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04733-03-5
       A. 5133                             2
    1    2. BENEFITS RECEIVED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AFTER
    2  JANUARY FIRST, TWO THOUSAND SIXTEEN SHALL BE ADJUSTED YEARLY ON FEBRUARY
    3  FIRST  BY  A  PERCENTAGE  EQUAL  TO THE PERCENT INCREASE IN THE PREVIOUS
    4  YEAR'S CONSUMER PRICE INDEX.
    5    S  2. Subdivision 5 of section 51 of the volunteer firefighters' bene-
    6  fit law, as renumbered by chapter 246 of the laws of 2006, is renumbered
    7  subdivision 6 and a new subdivision 5 is added to read as follows:
    8    5. THE INSURANCE CARRIER OR ENTITY RESPONSIBLE FOR PAYING THE  BENEFIT
    9  INCREASE  PROVIDED IN SECTION EIGHT OF THIS CHAPTER SHALL CLAIM FOR SUCH
   10  BENEFIT INCREASE REIMBURSEMENT FROM THE SPECIAL FUND FOR REOPENED  CASES
   11  COMMENCING ONE YEAR FROM THE DATE OF THE FIRST SUCH PAYMENT AND ANNUALLY
   12  THEREAFTER  WHILE  SUCH  PAYMENTS  CONTINUE, ON A FORM PRESCRIBED BY THE
   13  CHAIR.
   14    S 3. This act shall take effect immediately and shall apply to  weekly
   15  benefit periods that commence after January 1, 2016.